Nevada SB 176: Revises provisions relating to public safety. (BDR 23-666)

Bill Text

S.B. 176
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SENATE BILL NO. 176–SENATORS FORD, ATKINSON, SPEARMAN;
CANCELA, MANENDO, PARKS AND RATTI

PREFILED FEBRUARY 13, 2017
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JOINT SPONSORS: ASSEMBLYMEN FRIERSON, NEAL, THOMPSON;
CARRILLO, FLORES, FUMO, JAUREGUI, JOINER, MCCURDY
II, MILLER, MONROE-MORENO, OHRENSCHALL, SPIEGEL
AND YEAGER
____________

Referred to Committee on Government Affairs

SUMMARY—Revises provisions relating to public safety.
(BDR 23-666)

FISCAL NOTE: Effect on Local Government: May have Fiscal Impact.
Effect on the State: Yes.

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

AN ACT relating to public safety; requiring certain peace officers to
wear a portable event recording device while on duty;
requiring certain law enforcement agencies to adopt
policies and procedures governing the use of portable
event recording devices; revising provisions relating to
the imposition and maximum amount of a surcharge
which may be collected in certain counties used for the
enhancement of the telephone system for reporting an
emergency; providing that such a surcharge may also be
used for the purpose of purchasing and maintaining
portable event recording devices and vehicular event
recording devices; and providing other matters properly
relating thereto.
Legislative Counsel’s Digest:
Existing law: (1) authorizes certain peace officers to wear a portable event 1
recording device while on duty; and (2) requires certain law enforcement agencies 2
to adopt policies and procedures governing the use of portable event recording 3
devices. (NRS 289.830) Existing law also requires: (1) certain peace officers 4
employed by the Nevada Highway Patrol to wear a portable event recording device 5

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while on duty; and (2) the Nevada Highway Patrol to adopt policies and procedures 6
governing the use of portable event recording devices. (NRS 480.365) 7
Section 1 of this bill requires rather than authorizes certain peace officers to 8
wear a portable event recording device while on duty. Section 1 also requires 9
certain law enforcement agencies to adopt policies and procedures governing the 10
use of portable event recording devices. Section 5 of this bill repeals NRS 480.365, 11
the provision pertaining to the use of portable event recording devices by peace 12
officers employed by the Nevada Highway Patrol, as that section is no longer 13
necessary because the Nevada Highway Patrol is included within the definition of 14
“law enforcement agency” for the purposes of section 1. 15
Existing law: (1) authorizes the board of county commissioners of all counties 16
whose population is less than 700,000 (currently all counties other than Clark 17
County) to impose a surcharge to be used for the enhancement of the telephone 18
system for reporting an emergency in the county; and (2) sets forth the 19
requirements relating to the imposition of such a surcharge. (NRS 244A.7641-20
244A.7647) Sections 2-4 of this bill: (1) provide that the surcharge may be 21
imposed in all counties in this State; (2) increase the maximum amount of the 22
surcharge that may be imposed; and (3) authorize the surcharge to also be used for 23
the purpose of purchasing and maintaining portable event recording devices and 24
vehicular event recording devices. 25

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 289.830 is hereby amended to read as follows: 1
289.830 1. A law enforcement agency [may] shall require 2
uniformed peace officers that it employs and who routinely interact 3
with the public to wear a portable event recording device while on 4
duty. [If a law enforcement agency so requires, the] Each law 5
enforcement agency shall adopt policies and procedures governing 6
the use of portable event recording devices, which must include, 7
without limitation: 8
(a) Except as otherwise provided in paragraph (d), requiring 9
activation of a portable event recording device whenever a peace 10
officer is responding to a call for service or at the initiation of any 11
other law enforcement or investigative encounter between a 12
uniformed peace officer and a member of the public; 13
(b) Except as otherwise provided in paragraph (d), prohibiting 14
deactivation of a portable event recording device until the 15
conclusion of a law enforcement or investigative encounter; 16
(c) Prohibiting the recording of general activity; 17
(d) Protecting the privacy of persons: 18
(1) In a private residence; 19
(2) Seeking to report a crime or provide information 20
regarding a crime or ongoing investigation anonymously; or 21
(3) Claiming to be a victim of a crime; 22

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(e) [Limiting the period for which a] Requiring that any video 1
recorded by a portable event recording device must be retained [;] 2
by the law enforcement agency for not less than 15 days; and 3
(f) Establishing disciplinary rules for peace officers who: 4